CITY OF WINDY HILLS, KENTUCKY

ORDINANCE NO. 6 SERIES 2018-2019

AN ORDINANCE GOVERNING THE USE OF THE RIGHTS-OF-WAY WITHIN THE CITY AND PROVIDING FOR ISSUANCE OF ENCROACHMENT PERMITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WINDY HILLS, KENTUCKY:

Section l.

The form for obtaining issuance of encroachment permits for performance of any work within the rights-of-way of the city is set forth by the forms created by the City and to be utilized by the applicants requesting encroachment.

Section 2.

The form entitled VENDOR APPLICATION FOR RIGHT-OF-WAY ENCROACHMENT shall be used by all persons, firms, or corporations intending to perform any and all work in the rights-of-way with the exception of driveways.

Section 3.

The form entitled RESIDENT APPLICATION FOR RIGHT-OF-WAY ENCROACHMENT FOR DRIVEWAYS shall be used by all persons, firms, or corporations solely for the purpose of constructing or renovating driveways with the right-of-way.

Section 4.

No person, firm, or corporation shall proceed with any work within said rights-of-way without first completing and filing the proper form with the City Clerk and thereafter obtaining an encroachment permit upon compliance with the terms of this ordinance and the encroachment form’s specifications.

Section 5.

Any violation of this ordinance shall be punishable by a fine of $50.00 per occurrence and each day shall constitute a separate violation, the total of which is subject to collection by any remedy at law including but not limited to liens against the violator’s property to secure the payment thereof and suit of law in the court of competent jurisdiction in Jefferson County, Kentucky.

Section 6.

Applicants may apply for a hearing before the Council for temporary or special variances in case of need or hardship.  Need or hardship permission to vary will be granted at the sole discretion of the Council.

Section 7.

This ordinance shall become effective upon its adoption and publication as required by law.

Introduced with First Reading _________________________

Second Reading and Adopted__________________________

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MAYOR

ATTEST:

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CITY CLERK